20
94.
The death of Eduardo José Landaeta Mejías led to the institution of two proceedings at
the domestic level: An administrative inquiry and a criminal investigation.
95
95.
The CSOP launched the administrative inquiry on January 7, 1997, which examined the
police records on the arrest, the transfers, the statements of Yuribet del Valle Rujano Castro and Virginia
de Duarte, and the statements and service records of the three officers that carried out the transfer.
96
According to these service records, the officers had received a number of sanctions in the past. On
November 26, 1997 it was concluded that there was not “sufficient evidence in connection with the facts
regarding the alleged loss of firearms and and (sic) homicide of the detainee, in which the following
officers are named: Deputy Inspector Carlos Requena, Constable Carlos Rojas, and Constable Freddy
97
Blanco.”
a.
Investigation and Criminal proceeding
i.
Inquiry by the Judicial Police Technical Corps
Procedures carried out on December 31, 1996
96.
The transcript of the day book supra 73 led to the opening, that same day, of an inquiry
98
by the CTPJ. That same day the Lower Court of the Municipalities of Santiago Mariño and Libertador
(hereinafter “the Municipal Court”) and the Office of the Ninth Prosecutor of the Aragua State Attorney
General's Office (hereinafter also “the Ninth Prosecutor’s Office”) were notified of an inquiry for “homicide
99
or crime against persons.”
97.
A judicial inspection of the scene was carried out in the morning. At the same time a
group of people from the Medical Examiner's Office, the Ninth Prosecutor, and a policeman went to the
scene to witness the removal of the corpse. The latter was taken to the Aragua State Medical Examiner's
100
Office.
A total of 17 photographs were taken at the judicial inspection at Avenida Intercomunal La
101
102
Julia,
a public highway adjacent to the urbanization Valle Lindo III, Turmero.
The CTPJ also
103
recovered nine bullets, which were stored in the Recovered Objects Room. For its safekeeping, it was
95
Appendix 9. Exhibit 2. Domestic proceeding. Case 4C-4822/04, page 272. (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
96
Appendix 9. Exhibit 2. Domestic proceeding. Case 4C-4822/04, pages 371-349 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
97
Appendix 42. Order to close the administrative inquiry (Appendix 1 to the initial petition received on April 24, 2006).
98
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 25 (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
99
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 26 and 27 (Appendix 2 to the petitioners’ brief
with observations on merits of July 18, 2007).
100
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 28. (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
101
Indistinct in the record before the Commission.
102
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, pages 38-54. (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).
According to the captions accompanying the photographs, they show the scene; the red Fiat; a dent in the rear part; a
round hole with everted regular edges in the left rear door; the body of Eduardo José Landaeta with his hands cuffed; bullets on the
floor in the rear and front right of the vehicle, as well as above the glove compartment, and others near the vehicle; and a puddle of
a reddish-brown substance.
103
Appendix 9. Exhibit 1. Domestic proceeding. Case 4C-4822/04, page 55. (Appendix 2 to the petitioners’ brief with
observations on merits of July 18, 2007).